Terms and Conditions
This policy represents the Enthusiast, Inc. Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Enthusiast, Inc. customers agree to when they sign-up for any of the Enthusiast, Inc. website hosting services. Enthusiast, Inc. reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Enthusiast, Inc. agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Enthusiast, Inc.. Enthusiast, Inc. retains the sole discretion to make judgment regarding any violation by any Enthusiast, Inc. customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Enthusiast, Inc. maintaining one or more accounts (each “Account”), you, as the Enthusiast, Inc. customer, agree to the following terms of service.
- “We” “Us” or “Provider” or “Enthusiast, Inc.” – EnthusiastInc.com
- “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Enthusiast, Inc. is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Enthusiast, Inc. capability to directly correct. Enthusiast, Inc. clients are diverse and their websites and the function of those websites are diverse and Enthusiast, Inc. cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Enthusiast, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Enthusiast, Inc. nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Enthusiast, Inc., even if Enthusiast, Inc. has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Enthusiast, Inc. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Enthusiast, Inc.. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Enthusiast, Inc.. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Enthusiast, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Enthusiast, Inc. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Enthusiast, Inc. FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Enthusiast, Inc.. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Enthusiast, Inc. and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Enthusiast, Inc.. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Enthusiast, Inc.. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Enthusiast, Inc.. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Enthusiast, Inc.
Enthusiast, Inc. will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Enthusiast, Inc. members to maintain Internet websites and access web space via FTP to upload files for their websites. Enthusiast, Inc. members will use the provided services in a manner consistent with any and all applicable laws. Enthusiast, Inc. provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Enthusiast, Inc. reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Enthusiast, Inc. can terminate client’s account without notification.
Enthusiast, Inc. provides timely website hosting support to our clients through email. By accepting your client contract agreement with Enthusiast, Inc. you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Enthusiast, Inc. and any employee or contractor of Enthusiast, Inc.
Enthusiast, Inc. will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Enthusiast, Inc. or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Enthusiast, Inc. or any third party. Customers may not run IRC, bots or clients. Clients may not use Enthusiast, Inc. servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Enthusiast, Inc.’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Enthusiast, Inc.. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Enthusiast, Inc. will be the sole and final arbiter as to what constitutes a violation of this policy. Enthusiast, Inc. does not normally monitor the contents of clients servers, however if suspicion occurs, Enthusiast, Inc. reserves the right to investigate and terminate the clients subscription to the service.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Enthusiast, Inc. offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Enthusiast, Inc. control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Enthusiast, Inc. will make every reasonable effort to notify customer prior to suspension, however, Enthusiast, Inc. may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Enthusiast, Inc. will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with a Enthusiast, Inc. server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Enthusiast, Inc. network but is sent from an e-mail address not associated with that Enthusiast, Inc. account. Client shall not use their Enthusiast, Inc. services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Enthusiast, Inc. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Enthusiast, Inc. allows 3rd party scripts to be uploaded/installed manually on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Enthusiast, Inc. reserves the right to terminate that clients’ account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact Enthusiast, Inc. concerning unethical, false or unlawful activities by you, Enthusiast, Inc. reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Enthusiast, Inc. backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Enthusiast, Inc. does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Enthusiast, Inc. automatically processes hosting payments and sends out confirmation receipts upon payment completion.
You warrant and represent that the information you supply in the Order Form (or other information that Enthusiast, Inc. may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If automatic payment fails more than 2 times, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Enthusiast, Inc. using the automated payment system. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of the Enthusiast, Inc.’s customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must cancel their hosting subscription prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. It is the customer’s responsibility to ensure that Enthusiast, Inc. has a valid email address for which notices can be sent to Enthusiast, Inc.’s clients. If Enthusiast, Inc. does not receive a cancellation request prior to the customer’s renewal, Enthusiast, Inc. will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date).
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Enthusiast, Inc. has the right to refuse any coupon code that it believes to be invalid. Enthusiast, Inc. will honor the lowest advertised price on our website located at https://www.enthusiastinc.com at the time of order.
Cancellation & Refunds
You may cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable.
Website files are the responsibility of the Enthusiast, Inc. customer and should a Enthusiast, Inc. customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files from the Enthusiast, Inc. server prior to requesting that Enthusiast, Inc. cancels their account. Once the cancellation request has been submitted to Enthusiast, Inc. a cancellation of the website hosting service may occur any time after the request is received by Enthusiast, Inc. and when a cancellation request is completed the client’s hosting account with Enthusiast, Inc. and their website files are permanently removed from the Enthusiast, Inc. servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.